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MARTINEZ v. ACADEMY BUS LLC

51 A.D.3d 401 (2008)

856 N.Y.S.2d 614

AUREA MARTINEZ et al., Appellants, v. ACADEMY BUS LLC et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 1, 2008.

The court improperly granted defendants' motion based on the emergency doctrine, since the record shows that there are triable issues of fact regarding the applicability of the doctrine, including whether the actions of defendant bus driver in attempting to pass two other vehicles in rainy weather were reasonable, and whether the bus he operated first struck the other vehicle and caused it to spin out of control (see Rhodes v...

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